Legal Question in Family Law in Tennessee

Pension or 401K sharing

In a divorce agreement that specifies the husband will give half of his 401K earnings to his wife, does this automatically include his separate retirement plan provided by his employer or does it include only the fund specifically named in the document?

In this case, the retirement fund is made up of monies dispursed in past years to all employees of the company. Their plan had to change several years ago and that was when the 401K with matching funds was put in place. The ''ESOP'' retirement fund is still separate from the 401K on the quarterly statement.


Asked on 4/28/01, 3:09 pm

1 Answer from Attorneys

Gregory Smith Law Office of Gregory D. Smith

Re: Pension or 401K sharing

A marital dissolution agreement is like playing "Simon Sez", with both parties being Simon. Look to your divorce decree to answer your question or go back to your trial attorney. She should be able to answer your question. For more info, see www.gsmithlawfirm.com

Read more
Answered on 6/18/01, 3:55 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Tennessee